Conditional Cross Petition in Graham on the 4th Am's Good Faith Exception

By Wells Bennett
Tuesday, September 22, 2015, 1:46 PM

Have a look at this interesting, conditional cross-petition filed last week by attorneys for Aaron Graham—one of two defendants in United States v. Graham.

Regarding the "conditional" part, the pleading's gist is to argue that, to the extent the en banc Fourth Circuit opts to take up the question of whether cell site data may be accessed without a warrant (Graham's lawyers think it shouldn't, naturally), the full court should also take up a related issue decided by the panel below: Whether the so-called "good faith" exception to the exclusionary rule applies to data captured in this case.